---
kind: "section"
citation: "5 C.F.R. § 316.302"
title: "5"
number: "316.302"
heading: "Selection of term employees."
url: "https://uscodex.org/cfr/5/316.302"
---

# §316.302. Selection of term employees.

- (a) **Competitive term appointment.** An agency may make a term appointment under [part 332](/cfr/5/part332.md) of this chapter, by using competitive procedures, or under [part 337](/cfr/5/part337.md) of this chapter, by using direct-hire procedures, as appropriate.
- (b) **Noncompetitive term appointment.** An agency may give a noncompetitive term appointment, without regard to the requirements of parts [332](/cfr/5/part332.md) and [333](/cfr/5/part333.md) of this chapter, to an individual who is qualified for the position and who is eligible for:
  - (1) Reinstatement under [§ 315.401](/cfr/5/315.401.md) of this chapter;
  - (2) Veterans recruitment appointment (VRA) under [§ 307.103](/cfr/5/307.103.md) of this chapter. Term appointments under this section are permitted only at the grade levels authorized for VRA appointments. Such appointments are competitive service appointments not excepted VRA appointments and do not lead to conversion to career-conditional appointment;
  - (3) Career-conditional appointment under § [315.601](/cfr/5/315.601.md), [315.604](/cfr/5/315.604.md), [315.605](/cfr/5/315.605.md), [315.606](/cfr/5/315.606.md), [315.607](/cfr/5/315.607.md), [315.608](/cfr/5/315.608.md), [315.609](/cfr/5/315.609.md), [315.612](/cfr/5/315.612.md), or [315.711](/cfr/5/315.711.md) of this chapter;
  - (4) Appointment under [5 U.S.C. 3112](/usc/5/3112.md) (veterans with compensable service-connected disability of 30 percent or more). The disability must be documented by a notice of retirement or discharge due to service-connected disability from active military service dated at any time, or by a notice of compensable disability rating from the Department of Veterans Affairs, dated 1991 or later;
  - (5) Appointment under [31 U.S.C. 732(g)](/usc/31/732.md?p=g) for current and former employees of the General Accounting Office;
  - (6) Appointment under [28 U.S.C. 602](/usc/28/602.md) for current and former employees of the Administrative Office of the U.S. Courts;
  - (7) Reappointment on the basis of having left a term appointment prior to serving the 4-year maximum amount of time allowed under the appointment per [§ 316.301(a)](/cfr/5/316.301.md?p=a), the maximum time allowed for an appointment authorized under this [paragraph (b)](#b), or the 10-year maximum amount of time allowed under [§ 316.301(c)](/cfr/5/316.301.md?p=c). Reappointment must be to a position in the same agency for filling under the original term appointment and for which the individual qualifies. Combined service under the original term appointment and reappointment must not exceed the 4-year limit pursuant to [§ 316.301(a)](/cfr/5/316.301.md?p=a), the maximum time allowed for an appointment authorized under [§ 316.301(b)](/cfr/5/316.301.md?p=b), or the 10-year limit under [§ 316.301(c)](/cfr/5/316.301.md?p=c), as appropriate; or
  - (8) Conversion in the same agency from a current temporary appointment when the employee is or was within reach on a certificate of eligibles for term appointment at any time during service in the temporary position. Within reach means that the person could have been selected for the position under competitive hiring procedures, including veterans' preference. The certificate must have been actually used for term appointment. The person must have been continuously employed in the position from the date found within reach to the date converted to a term appointment.
- (c) Term employees are eligible for an extension of their appointment in accordance with the time limits in [§ 316.301](/cfr/5/316.301.md) even if their eligibility for noncompetitive appointment expires or is lost during the period they are serving under term employment.

## Notes

### Amendments

[63 FR 63783, Nov. 17, 1998, as amended at 68 FR 35268, June 13, 2003; 69 FR 33275, June 15, 2004; 73 FR 60611, Oct. 14, 2008; 74 FR 40477, Aug. 12, 2009; 87 FR 73632, Dec. 1, 2022]

### Authority

Authority: 5 U.S.C. 3301, 3302, 3316. E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; E.O. 14284, 90 FR 17729. 5 CFR 2.2(c).

### Source

Source: 33 FR 12423, Sept. 4, 1968, unless otherwise noted.

### Amendments

[63 FR 63783, Nov. 17, 1998, as amended at 68 FR 35268, June 13, 2003; 69 FR 33275, June 15, 2004; 73 FR 60611, Oct. 14, 2008; 74 FR 40477, Aug. 12, 2009; 87 FR 73632, Dec. 1, 2022]